Potter Township Centre County
City Zoning Code
City Zoning Code
ARTICLE VI
Nonconformities
§ 220-84 Nonconforming uses and structures.
[Amended 12-9-1996 by Ord. No. 12-1996]
Any nonconforming use or structure legally existing at the time of the adoption of this chapter, or which is created whenever a district is changed by amendment to this chapter hereafter, may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations for the district in which it is located (Article III) and the supplementary regulations (Article IV) except as provided below. (For nonconforming lots, see § 220-85.)
A.
Repairs and alterations. Repairs and structural alterations may be made to a nonconforming building or to a building occupied by a nonconforming use. If said building is damaged by fire, flood or other natural disaster, it may be reconstructed, restored or used as before, providing:[1]
(1)
Said work commences within 90 days of the damage.
(2)
Where the nonconformity is located in a flood fringe or floodplain area (as defined in the Potter Township Floodplain Management Ordinance [Chapter 96]), the new construction must comply, to the greatest extent possible, with all floodproofing and other requirements of the Potter Township Floodplain Ordinance [Chapter 96].
(3)
Where the nonconformity is located in a floodway area, the reconstruction may not exceed the size, bulk, height and area that existed prior to the damage.
(4)
Where the nonconformity is located in a floodway area, the reconstruction may not, under any circumstances, cause any rise in the elevation of a one-hundred-year flood.
(5)
In the case of a nonconforming structure, said work or reconstruction must bring the structure, insofar as practically possible, into conformity with all the district regulations and other regulations of this chapter.
B.
Abandonment. If any nonconforming use or structure is abandoned, as set forth below, for a period in excess of 180 days, the future use of such building or land shall be in conformity with the district regulations (Article III) and the supplementary regulations (Part 4).
(1)
A nonconforming use shall, for these purposes, be considered as abandoned when there occurs a deliberate cessation of any such use or activity or by an apparent act or failure to act on the part of any tenant or owner, the use or activity ceases and the period of 180 days elapses without any open, concerted, definite act on the part of said tenant or owner to recommence the use or activity.
(2)
It is recognized that a nonconforming use may have several distinct accessory aspects, i.e., that one commercial or industrial nonconforming use may include uses such as offices, clerical and managerial, sales (either wholesale or retail), a storage, distribution or production as accessory uses. A use shall not be considered abandoned for purposes of this chapter unless the primary use (i.e., production or sales) and all accessory, i.e., office/clerical, storage, sales or production (as appropriate) have ceased on the site for the required period of time.
(3)
In cases where a particular use operates under license or permit from either the commonwealth, the federal government, or some agency thereof, the existence of a current, valid license or permit, properly obtained, shall be considered prima facie evidence that the use has not been abandoned for these purposes.
C.
Expansion of nonconforming uses and structures.
(1)
Pursuant to the community development objectives of this chapter as set forth in Article I, including the protection of the general health, welfare and environment of the Township, the Township provides herewith a sliding scale for the expansion of nonconforming uses within the Township. This scale is based on the premise that a small nonconforming use has less impact on the lands and waters of the Township and on the immediate neighborhood environment and should therefore be treated differently than a large nonconforming use.[2]
[2]
Editor's Note: Original Subsection D(2), regarding measurement of area at time of registration by Zoning Officer, which immediately followed this subsection, was repealed 3-15-1999 by Ord. No. 3-1999.
(2)
Extensions, alterations and additions may be made to nonconforming uses and/or structures according to the following scale:
Area in Square Feet of Nonconforming Use or Structure (square feet) | Expansion | |
|---|---|---|
1 to 1,000 | 500% or 4,000 square feet, whichever is greater | |
1,001 to 3,000 | 400% | |
3,001 to 5,000 | 300% | |
5,001 to 10,000 | 200% | |
10,001 to 20,000 | 100% | |
20,001 to 50,000 | 75% | |
50,000 and larger | 50% |
(3)
Any extension, enlargement, addition or alteration to any nonconforming structure shall conform to the regulations of the zoning district in which the structure is located, except as follows:
(a)
A nonconforming structure may be extended, enlarged or added to in violation of the district's setback regulations; provided, that the encroachment into the setback area is no greater than currently exists. For example, if the district's setback requirement is 65 feet from the center of the highway and the existing structure is 50 feet from the center of the highway, an addition or extension of the structure may be 50 feet from the center of the highway.
(b)
The extension, enlargement, addition or alteration may not be more violative of the setback regulations than the existing structure currently is.
D.
With regard to nonconforming consumptive uses. Where a particular nonconforming use exists on a portion of an existing lot and where said nonconforming use is consumptive by its nature (i.e., quarrying), the use may be expanded (subject to setbacks and other regulations) to cover no more than the lot as it exists as of the date of adoption of this chapter, plus additional contiguous land area amounting to 30% of the entire lot as it existed as of the date of adoption of this chapter.
E.
Changing nonconforming uses.
(1)
A nonconforming use of a building or land may be changed to another use equally nonconforming or less nonconforming. A nonconforming use of a building or land may not be changed to a use more nonconforming than the use in existence at the time of passage of this chapter.
(2)
Nonconforming accessory uses may be added to or commenced at the site of a nonconforming primary use; provided, that the accessory use is equally or less nonconforming than the primary use and that the other provisions of this article, such as those relating to the maximum expansion of a nonconforming use and displacing a conforming use, are adhered to.
(3)
If a nonconforming use is changed or altered so as to be less nonconforming, or in conformance with the district regulations, it may not be changed back to the original nonconforming use or any use more nonconforming than the use as changed.
(4)
The Zoning Hearing Board shall determine in each instance the relative levels of nonconformity of several uses for the purposes of administering this section.
F.
Extension. A nonconforming use shall not be extended so as to displace a conforming use.
G.
Existence for purposes of this chapter.
(1)
A nonconforming use shall be deemed to be in existence, and legally protected hereunder, if valid Potter Township building and sewage permits have been issued and ground has been broken for a foundation (or other preparatory construction work has begun) before the date of adoption of this chapter or applicable amendment hereto. Nothing herein shall require any change in plans, construction or designation of use of a building or structure which complies with existing laws or for which valid sewage and building permits were granted and where construction shall have commenced before the date of adoption of this chapter, or applicable amendment thereto.
(2)
For those purposes, subdivision, submission of subdivision plans to the county or Township, surveying and the like shall not be considered the commencement of construction. Construction shall be deemed to have been commenced by the issuance of a Potter Township sewage and building permit and the breaking of ground for a foundation.
H.
Expansion in a floodway. Existing nonconforming uses in a floodway district may not be expanded or enlarged.
§ 220-85 Nonconforming lots.
A.
Continuation. Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter, may generally be continued, used, sold, bought, rented and/or maintained as before the adoption of this chapter; provided, that all other yard dimensions and requirements of the lot shall conform to the regulations of this chapter or any other state, county or Township regulation that may apply. Variances of yard setback requirements can only be obtained through action of the Zoning Hearing Board.
B.
Permits. In the case of a lot of record, held in single and separate ownership at the effective date of this chapter, which does not meet the minimum area requirements for the district in which it is located, a structure for a permitted use within the district that the nonconforming lot exists, may be placed on the lot; provided, that:
(1)
The owner does not own adjoining land.
(2)
Each side yard is not less than 15 feet and is kept clear to permit the passage of fire and emergency vehicles.
(3)
The rear yard is not less than 15 feet and is kept clear to permit the passage of fire and emergency vehicles.
(4)
The front yard conforms to the minimum distance required.
(5)
The site is approved for sewage disposal and has an adequate supply of potable water from either on-site or off-site wells.